Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19360
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2953 of 2025 1 - Jitendra Kumar Netam S/o Late Sheshlal Aged About 20 Years R/o Village Haladula, P.S. Dongargaon, District Rajnandgaon (C.G.)
... Applicant versus 1 - State of Chhattisgarh Through The Police Station Dongargaon, District Rajnandgaon (C.G.).
... Respondent(s) For Applicant : Shri Anuj Pandey, Advocate. For Respondent : Ms. Sunita Manikpuri, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J
Order
on Board
29.04.2025
1. This is first bail application seeking grant of bail to the Applicant who is in jail since 01.06.2024 in connection with Crime No.131/2024 registered at Police Station Dongargaon, District Rajnandgaon for the offence punishable under Section 302 IPC.
2. As per prosecution case, on 30.05.2024 at about 23:00 hours the applicant caused injuries to his father Shesh Lal by an Axe. By the said assault, the deceased received three injuries on his head and died on the spot. The incident was witnessed by wife of the deceased Meena Bai, his daughter Hema Netam and his Son Dilip Kumar. The FIR was registered. The applicant was arrested and charge sheet was filed. Digitally signed by INDRAJEET SAHU Date: 2025.04.29 18:19:43 +0530
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Learned Counsel for the applicant would submit that the deceased himself raised quarrel after consuming liquor and during scuffle he fell down on the door and received head injuries due to which he died. The incident was occurred in a heat of passion. The applicant’s Mother and Brother have been examined before the trial court as PW-1&2 and have not supported the prosecution’s case. Therefore, the applicant may be released on bail as final adjudication may take sometime.
4. On the other hand the counsel for the State opposes the bail application and have submitted that there are three eyewitness to the incident who are the wife, daughter and son of the deceased. The incident was occurred inside the house and repeated blow was given by the applicant by Axe and therefore he is not entitled for bail.
5. Without commenting on merits, considering the submissions made by the counsel for the parties, considering the nature of allegation and the material collected during investigation and also considering the statement of eyewitnesses Meena Bai, Hema Netam and Dilip Kumar, this Court is of the opinion that present is not a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder